A student and his parents sued our client, a New Jersey school district and its former principal, raising various civil rights and constitutional violations arising out of the district’s provision or failure to provide certain educational services. LCBF filed a pre-discovery motion to dismiss.
Leveraging our extensive experience with IDEA administrative processes and civil rights threshold legal standard we raised a jurisdictional issue, avoiding the need for the Court to engage with the facts of the case. Plaintiffs were given an opportunity to amend and additional briefing opportunities, each defeated through renewal of the original legal arguments set forth in our motion to dismiss. As the Plaintiffs were unable to cure the deficits in their claims, the complaint was ultimately dismissed with prejudice following our persistent efforts. The LCBF team was led by Janelle N. Winters and Rachel Rubenstein.